W Kuan Hon and Christopher Millard
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199671670
- eISBN:
- 9780191767463
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199671670.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter considers how restrictions on cross-border transfers of data work, or perhaps don't work, in cloud environments and how they might be improved. The concept of ‘transfer’ and the ...
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This chapter considers how restrictions on cross-border transfers of data work, or perhaps don't work, in cloud environments and how they might be improved. The concept of ‘transfer’ and the prohibition on transfers of personal data to countries that fail to provide an adequate level of protection for personal data are explained. Various exception to, and derogations from, the transfer prohibition rule are evaluated, including consent, the US Safe Harbor, model contract clauses, and Binding Corporate Rules (BCR).Less
This chapter considers how restrictions on cross-border transfers of data work, or perhaps don't work, in cloud environments and how they might be improved. The concept of ‘transfer’ and the prohibition on transfers of personal data to countries that fail to provide an adequate level of protection for personal data are explained. Various exception to, and derogations from, the transfer prohibition rule are evaluated, including consent, the US Safe Harbor, model contract clauses, and Binding Corporate Rules (BCR).
